Rylwell, LLC v. Men Holdings 2 LLC (Majority, with Concurring)
Annotate this CaseIn 2007, Men Holdings 2, LLC began construction on a half-million-dollar building on property that was assessed as being entirely on property owned by Men Holdings. Due to a mistake in the description of the real-estate contract when Men Holdings purchased the property, Men Holdings did not receive the tax bills for the property. The property was subsequently sold at public auction to Rylwell, LLC. Rywell filed a complaint for confirmation of the tax sale, quiet title, ejectment, and trespass. Men Holdings answered and brought in the Commissioner of State Lands as a third-party defendant, asserting that it was denied due process because it received inadequate notice and asking that the tax sale be set aside. The circuit court granted summary judgment for Men Holdings, finding that Men Holdings had received inadequate notice and that the lack of notice violated Men Holdings’ due process rights. The Supreme Court affirmed, holding that the State was required to take additional reasonable steps to verify whether Men Holdings had an interest in the property before depriving it of its ownership.
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